In all Special Flood Hazard Areas the following provisions are required:
(A)
All new construction and substantial improvements shall be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;
(B) All new construction and substantial improvements below the regulatory flood protection elevation shall be constructed with materials and utility equipment resistant to flood damage in accordance with FEMA Technical Bulletin 2, Flood Damage - Resistant Materials;
(C) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;
(D) All new electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers and the like), hot water heaters and electric outlets/switches:
(1) Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions; and
(2) Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or improvements comply with the standards for new construction consistent with the code and requirements for the original structure;
(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(G) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(H) Nothing in this chapter shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter and located totally or partially within the floodway, non-encroachment area or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area or stream setback is not increased and provided that such repair, reconstruction or replacement meets all of the other requirements of this chapter;
(I) New solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities shall not be permitted in Special Flood Hazard Areas, except by variance as specified in § 155.29(I). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to § 155.26(C);
(J) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage;
(K) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(L) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards;
(M) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(N) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements; and
(O) When a structure is in multiple flood hazard areas or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and highest BFE shall apply.
(Ord. passed 9-13-1999; Am. Ord. passed 11-14-2005; Am. Ord. passed 6-11-2018)
Penalty, see § 155.99